1. Splitting Employee and Employer Contributions
The Picut Industries, Inc.. 401(k) Savings Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. In a divorce, the employee contributions and their earnings are fully divisible since they’re immediately vested.
However, employer contributions are a different matter. If the participant is not fully vested, some of the employer match may be forfeited if the employee leaves the company. When drafting your QDRO, it’s important to specify whether the alternate payee receives a portion of just the vested balance or even the non-vested part should it vest post-divorce. This needs to be clear or you may end up with an order that can’t be processed.

